Nancy Wannall and Gary Wannall v. Gadsden County Emergency Medical Services, and Town of Havana

• Court: District Court of Appeal of Florida
• Decided: March 20, 2019
• Docket: 18-1654
• Status: Published

Opinion

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

No. 1D18-1654 _____________________________

NANCY WANNALL and GARY WANNALL,

Appellants,

v.

GADSDEN COUNTY EMERGENCY MEDICAL SERVICES, and TOWN OF HAVANA,

Appellees. _____________________________

On appeal from the Circuit Court for Gadsden County. Francis Allman, Judge.

March 20, 2019

PER CURIAM.

Appellants seek review of an order granting summary judgment in favor of Appellees. We find any foreseeable zone of risk did not extend to Appellants. Accordingly, Appellees did not owe a duty of care to Appellants, and we affirm the trial court’s order. See Parker v. Murphy, 510 So. 2d 990 (Fla. 1st DCA 1987) (affirming summary judgment in favor of the sheriff after a prisoner twice escaped and attacked appellant and her husband holding there was no special relationship between the sheriff and appellant, and thus, no duty of care). AFFIRMED.

MAKAR, WINOKUR, and M.K. THOMAS, JJ., concur.

_____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

Marie A. Mattox and James Garrity of Marie A. Mattox, P.A., Tallahassee, for Appellants.

William B. Armistead and Gwendolyn P. Adkins of Coppins Monroe, P.A., Tallahassee; and Jeff F. Dodson of McConnaughhay, Coonrod, Pope, Weaver & Stern, P.A., Tallahassee, for Appelles.